Sanooba vs Jalal P.H
2022 Latest Caselaw 6375 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                             &
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
   FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                  O.P.(FC) NO. 313 OF 2022
 ARISING OUT OF O.P.No.73 OF 2021 ON THE FILE OF THE FAMILY
                    COURT, IRINJALAKUDA
PETITIONER/RESPONDENT:

         SANOOBA
         AGED 32 YEARS
         D/O.SALIM, THANATHUPARAMBIL HOUSE, PUTHENCHIRA
         VILLAGE, MANIYANKAVU DESAM, MUKUNDAPURAM TALUK,
         THRISSUR DISTRICT, PIN-680 682, PIN - 680682
         BY ADVS.
         V.N.SANKARJEE
         V.N.MADHUSUDANAN
         R.UDAYA JYOTHI
         M.M.VINOD
         M.SUSEELA
         KEERTHI B. CHANDRAN
         VIJAYAN PILLAI P.K.
         C.PURUSHOTHAMAN NAIR
         NITHEESH.M

RESPONDENT/PETITIONER:
          JALAL P.H.
          AGED 49 YEARS
          S/O.HYDROSE, PALAKKAL HOUSE, INCHAMUDY VILLAGE,
          INCHAMUDY P.O., THRISSUR TALUK, THRISSUR
          DISTRICT, PIN-680 564, REPRESENTED BY HIS POWER
          OF ATTORNEY AND HIS FATHER, HYDROSE,
          S/O.VEERAVU, AGED 71, PALAKKAL HOUSE, INCHAMUDY
          VILLAGE, INCHAMUDY P.O., THRISSUR TALUK, THRISSUR
          DISTRICT, PIN-680 564
     THIS OP (FAMILY COURT) HAVING COME UP FOR FINAL
HEARING ON 03.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                2
O.P.(FC) No.313 of 2022


                         JUDGMENT

Ajithkumar, J.

O.P.No.73 of 2021, a copy of which is Ext.P1, was filed

by the respondent-husband seeking restitution of conjugal

rights. He has also filed I.A.No.4 of 2022, a copy of which is

Ext.P2, seeking to allow custodyto him of two minor children,

born to the petitioner and the respondent. On 13.05.2022, the

Family Court, Irinjalakkuda, allowed Ext.P2. The petitioner

having aggrieved of the said order, submitted application for a

certified copy along with an application to issue a carbon copy

of the said order on the same date itself, copies of which are

Exts.P4 and P5 respectively. Expecting delay in issuing the

copy, the petitioner filed Ext.P6 application to keep in

abeyance the order dated 30.05.2022 for the time being. A

certified copy of the order dated 30.05.2022 is yet to be

issued. In such circumstances, the petitioner has filed this

Original Petition under Article 227 of the Constitution of India

seeking to direct the Family Court, Irinjalakkuda to issue a

certified copy of the order dated 30.05.2022 in I.A.No.4 of

O.P.(FC) No.313 of 2022

2022 in O.P.No.73 of 2021, within a time frame and to stay

operation of the said order till a certified copy is issued.

2. Heard the learned counsel appearing for the

petitioner in detail.

3. The petitioner would contend that the Family Court

granted more relief in Ext.P2 application than what was

requested, ignoring the serious objections raised by the

petitioner by filing Ext.P3 objection. Indisputable is the right

of the petitioner to challenge the order dated 30.05.2022 in

I.A.No.4 of 2022 in O.P.No.73 of 2021, if she is aggrieved by

that order. Her grievance is that despite applying for a

certified copy, along with an application to issue a carbon

copy, she is yet to get a copy, wherefore she is unable to

challenge that order. The anguish of the petitioner is obvious.

Exts.P4 and P5 applications were submitted on 30.05.2022

itself. Being an interlocutory order, there would not be any

difficulty for the Family Court to issue a certified copy of the

order dated 30.05.2022 without any delay.

4. Having considered the submissions of the learned

O.P.(FC) No.313 of 2022

counsel appearing for the petitioner, we are of the view that a

direction to the Family Court, Irinjalakkuda, to issue a

certified copy without further delay is sufficient in the facts

and circumstances of the case.

5. Hence, we dispose of this Original Petition by

directing the Family Court, Irinjalakkuda to issue to the

petitioner a certified/carbon copy of the order dated

30.05.2022 in I.A.No.4 of 2022 in O.P.No.73 of 2021, within a

week from today. If a copy of the order is not able to be

issued within that time, there would be further direction to the

Family Court, Irinjalakkuda to pass appropriate orders on

Ext.P6 forthwith.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

dkr

O.P.(FC) No.313 of 2022

APPENDIX OF OP (FC) 313/2022 PETITIONER'S EXHIBITS Exhibit P-1 TRUE COPY OF THE PETITION DATED 18.1.2021 IN O.P.NO.73/2021 PENDING BEFORE THE FAMILY COURT, IRINJALAKKUDA Exhibit P-2 TRUE COPY OF THE APPLICATION DATED 13.5.2022 IN I.A.NO.4/2022 IN O.P.NO. 73/2021 ON THE FILE OF THE FAMILY COURT, IRINJALAKKUDA Exhibit P-3 TRUE COPY OF THE COUNTER/OBJECTION DATED 18.5.2022 FILED BY THE PETITIONER AGAINST EXHIBIT P-2 PETITION Exhibit P-4 TRUE COPY OF THE APPLICATION DATED 30.5.2022 FOR CERTIFIED COPY FILED BY THE PETITIONER Exhibit P-5 TRUE COPY OF THE APPLICATION DATED 30.5.2022 WITH AFFIDAVIT FOR CARBON COPY FILED BY THE PETITIONER Exhibit P-6 TRUE COPY OF THE APPLICATION DATING 30.5.2022 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, IRINJALAKKUDA Exhibit P-7 TRUE COPY OF O. P. NO. 854/2019 DATED 28.9.2019 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, IRINJALAKKUDA Exhibit P-8 TRUE COPY OF THE O. P. NO. 673/2020 DATED 28.9.2020 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, IRINJALAKKUDA Exhibit P-9 TRUE COPY OF THE ORDER DATED 23.9.2019 IN CRL.M.P. NO. 9996/2019 IN M.C. NO. 79/2019 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHALAKKUDY